Medical Marijuana Licensing and Defense

Medical Marijuana Licensing and Defense

Prior to December 15, 2017, operating a Medical Marijuana Dispensary or any other related marijuana related operation was technically illegal, though some municipalities were permitting such facilities to operate under temporary agreements. However, beginning on December 15, 2017, Medical Marijuana Dispensaries and Grow Operations are able to obtain licenses to operate legally within the State of Michigan, pursuant to the guidelines set forth in the Michigan Medical Marihuana Act, and the Administrative Rules which govern the Department of Licensing and Regulatory Affairs, which is the State Entity that will oversee licensing procedures, and any lower level departments that are created to effectuate licensure. One thing to keep in mind is that, even though Medical Marijuana is permitted for use and distribution under State law, it is still illegal to possess, use, sell, deliver, manufacture, grow or possess with the intent to deliver, marijuana under Federal Law.

Getting licensed is never as simple as just filling out the paperwork and submitting it to the State for approval. Each of the five forms of available licenses under the act which can be obtained after December 15, 2017, is unique and has its own unique set of qualifications, both under the statute and by executive fiat under the administrative rules. For some examples, there are property setback requirements, zoning limitations (which can be appealed or variances sought), necessary minimum financial requirements for sustainability, all of which can substantially impact the likelihood of not only whether or not the applicant can obtain a license but also whether or not they can operate their business even after they get their license. To get our expertise and assistance through every stage of the licensing process, give us a call, and let’s talk about your situation.

Also, if you are a Medical Marihuana Act patient or caregiver, and you have been charged with a crime related to your qualified patient or caregiver activities, we are happy to handle you case. Most lawyers who practice criminal defense do not know the ins and outs of the available defenses and immunities that are provided to qualifying patients and caregivers provided by the Michigan Medical Marijuana Act, or the requirements for mounting a successful defense. We’ve argued many motions in our careers regarding the MMMA, including several about the constitutionality of the improper transportation of marijuana statute that was struck down by the Court of Appeals. Knowledge of the MMMA’s reasonable supply provisions allowed us to help one client go from two felonies and the real prospect of prison time, to a misdemeanor and straight probation. We know how to handle these cases and would be happy to take on your matter.